Written by Shane Micheil and G. David Carter for The National Law Review

Recall that a couple months ago, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action proceeding, setting the stage for what could be the beginning of the end of judicial deference to federal executive branch agency interpretation of federal regulations. The process of potentially overhauling the deference courts give federal regulatory agencies has been on a slow boil since even before the passing of the late Justice Antonin Scalia, but began picking up steam with the appointment of Justice Neil Gorsuch in April 2017, followed by the confirmation of Justice Brett Kavanaugh in October 2018, and reached a fever pitch with the Supreme Court’s 11th hour decision to add a case revisiting Auer deference to its docket in December.